In the matter of Petition for Modification XMV, Inc.
Mine No. 35
I.D. No. 46-08131 Docket No. M-2008-009-C
PROPOSED ORDER OF DISMISSAL
On March 31, 2008, XMV, Inc. filed a petition pursuant to 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. § 811(c), and 30 C.F.R. § 44 et seq., for the modification of the application of 30 C.F.R. § 75.364(b)(4) to Petitioner's Mine No. 35, located in McDowell County, West Virginia.
On August 25, 2010, MSHA determined that the area has been sealed following a plan approval on December 5, 2008. As a result, the petition is no longer needed and should be dismissed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, XMV, Inc.’s Petition for Modification of 30 C.F.R. § 75.364(b)(4) to its Mine No. 35 is hereby:
DISMISSED.
Any party to this action desiring a hearing on this matter must file in accordance with 30 C.F.R. § 44.14, within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939. If a hearing is requested, the request shall contain a concise summary of position on the issues of fact or law desired to be raised by the party requesting the hearing, including specific objections to the proposed decision. A party other than Petitioner who has requested a hearing may also comment upon all issues of fact or law presented in the petition, and any party to this action requesting a hearing may indicate a desired hearing site. If no request for a hearing is filed within 30 days after service thereof, the Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
Stephen J. Gigliotti
Chief, Division of Safety for Coal Mine Safety and Health